Sorting grief and justice

-Bremen teen's accidental shotgun death devastates families.

-Bremen teen's accidental shotgun death devastates families.

November 01, 2009|VIRGINIA RANSBOTTOM Tribune Staff Writer

BREMEN Regina Fretz thought of the Red Cross pin and wept. She had bravely held back the tears as she spoke of her son's life and his death from an accidental shooting in January. But then, she remembered the pin, shaped like a droplet of blood. It was October of last year when 17-year-old Justin Fretz donated his first pint of blood. When he received his first-time donor pin, he gave it to his mother. "He was so proud of that pin," Regina said as the tears spilled. "When he was born, I had to have a blood transfusion. So he gave me the pin and said it was his way of giving back since he wouldn't be here if it wasn't for me." Such thoughtfulness. And then he was gone. On Jan. 27, Justin died in a friend's home, shot in the head with a shotgun. He died instantly. In the months since, Justin's family has struggled to find out what happened that day and why. They want to make sense of something so senseless. The police reports added to the mystery. "They said he died from a shotgun wound to the head," Regina said with a far-away look. "They were 99.9 percent sure he didn't do it himself." Finding the truth would not be easy. Regina wanted to see Justin's body but wasn't allowed. She asked for his belongings, but was told there was nothing that could be returned. She wanted answers about what happened, but there weren't any yet. She wonders where Justin could have left his class ring and Yankees' wristband. Justin's sister, 22-year-old Nicole Fretz, said finding answers is still frustrating. "We got a little information here and there as it was investigated, but it kept changing," she said. "Things just didn't add up." What happened Now that the county prosecutor has closed the case, this is what is known through Bremen police and Indiana State Police investigation reports. Six teenage boys had gathered at a friend's house, where the parent was not home. They were getting ready to go jogging to get in shape to join the National Guard. Before leaving the house, curiosity over a shotgun ended up with the gun in the hands of a 17-year-old classmate of Justin's. Police interviews revealed the homeowner's son had taken a 12-gauge shotgun from a rack, emptied the shells from the gun onto a bed and exited the bedroom where the gun was located. Three juveniles remained inside the room. After recanting a story about the gun falling off the bed and discharging, the 17-year-old classmate later told police his hands were on the gun when it went off. In a police interview he said he was in the process of laying the gun on the bed after he loaded it and chambered a shell. With his left hand on the forearm of the gun and right hand on the receiver, he flipped the shotgun end for end and that's when it went off, he said. Justin was hit from within a distance of 6 to 24 inches. However, a re-enactment at the scene by state police and the shooter revealed the measurement did not fall within the 6- to 24-inch range. Pointing the gun straight at an officer representing Justin did not fall within that measurement either. The shooter said he had a hunter's gun safety course and knew not to point a gun at anyone. The third person in the room told police he was in a conversation with Justin at the time and only saw the gun on the bed before Justin fell to the floor. The prosecutor in the case said what happened in that room that day was so traumatic, it may never be explained. "I saw the pictures," said Marshall County Prosecutor David Holmes before a long silence. "What I can say is there was no malice or intent and no evidence or admission that the trigger was pulled," he said. "I think the key here is that guns and young people are not a good thing and should not be treated casually without supervision." Court proceedings In March, Regina said, all the information in the case went to the prosecutor. The family wanted to know if someone would be held responsible. Divorced parents Regina and Jeff called the prosecutor's office in June and July and were told the prosecutor was deciding whether to charge the boy who held the gun as an adult or juvenile. "They said we would be able to be heard in the case," Regina said. In adult cases, the family would be assigned a victim's advocate to help them through court proceedings. Had the shooting been judged intentional, the shooter would have been tried as an adult. The Fretzes were not assigned an advocate because the boy was tried as a juvenile, Holmes said. Parties other than the parents, a counselor or witness called by the juvenile are not allowed in the courtroom. The victim's assistance office did provide free counseling vouchers after being contacted by the Fretzes. But it was also upsetting to the Fretzes in August when they heard about the boy's sentencing three weeks after it occurred. Regina said she learned of the sentence by a family member of the shooter. "She said he got five days in the juvenile center, 42 hours community service and one year probation," Regina said. "I said, 'For what?' " Her puzzlement turned to anger and the Fretzes felt victimized all over again. Changes in system Justin's father doesn't think the sentence for the delinquent act of reckless homicide was harsh enough. "I think they should have given a little more time than five days to think about what he took from us," he said. Holmes said the purpose of a juvenile case is not so much about punishment, but to make a functional citizen of the juvenile involved. "There is no sentence that makes it right," Holmes said. Regina and Nicole say they didn't want more punishment, but more responsibility. "Maybe the sentence could have included talking to schools and hunting classes about how you could lose a friend by playing around with guns," Regina said. "All (the shooter's) gun rights should be taken away and the gun should be destroyed that shot him." Holmes admitted it would be frustrating if he were in their shoes. "In the few deaths I've had in juvenile court, we've never represented the victim in the courtroom, but I think those are legitimate concerns," he said. When the shooter was deemed a delinquent child, the victim's family was shuffled on paper to another department. The probation department's only obligation to the victim was to contact them for restitution, if any. In light of the family's frustration to find answers, Holmes said, victims in juvenile cases will be assigned assistance from now on. Saving another child And all these months later, rumors persist about what happened that day. "That's one reason we wanted to talk about this," Nicole said. "But more than that, we want something done to protect other kids. That's how Justin would have wanted it -- the world safer for children -- he loved kids." Because the law kept Justin's family from having a say in the prosecutor's case, they are hoping to have a say in the law that prevents guns from getting into the hands of minors. With the help of family friend, Tammy Hundt, the Fretzes have sent letters to state legislators asking for tougher Child Access Prevention (CAP) laws. "It just seems no one was really held accountable and it was just smoothed over," Hundt said. "We wanted to do something, so we started a petition to promote gun safety among minors." The petition, on the Web site, www.petitionsite.com/1/to-promote-gun-safety, cites Indiana with the second highest mortality rate among minors in the 28 states with CAP laws. "Justin wouldn't want me to turn my back on him," Regina said, "but he would also want me to think how I would react if I saw my friend shot and had to live with it every day."Staff writer Virginia Ransbottom: vransbottom@sbtinfo.com (574) 936-2920